GENERAL TERMS AND CONDITIONS OF SALES

PRICES AND ACCEPTANCE: All quotations are valid only for thirty days from date of quotation unless otherwise agreed upon in writing.  Sale of goods is not considered complete until the order is accepted by the home office.  All quotations are based on specifications received and do not constitute final prices until approved drawings are accepted and final costs are determined.  Additional charges may be assessed for any special services or markings, special boxing, cartage, transfer, over time (when authorized by purchaser), financing or other abnormal requirements.

TERMS OF PAYMENT: Terms will be stated on each quotation and invoice.  No discount is allowed for earlier payment unless stipulated in this proposal.  A service charge will be made of 1-1/2% per month, 18% per annum, on all invoices unpaid beyond the stated terms. Purchasers without credit rating will avoid delay by furnishing satisfactory references, or by instructing us to bill in advance or to ship goods with sight draft attached to bill of lading.

WARRANTY: All equipment sold by Equipment Dynamics, Inc. (EDI) is of high quality and is manufactured in conformity with the best commercial practices in the various lines.  This equipment is guaranteed to be free from defects in material and manufacture at the time of shipment for a period of one year from the date of shipment.  Any variance in this warranty will be specifically stated in the proposal.  We will furnish without charge, but will not install, replacements for such parts as we find to have been defective. 

This guarantee shall not apply to any equipment which has been subjected to misuse, neglect or accident, or has been altered or tampered with, or if corrective work has been done thereon without our specific written consent.  No allowances will be made for such corrective work done without such consent.  Improper lubrication, deterioration by chemical action, and wear caused by the presence of abrasive materials, do not constitute defects.  Equipment manufactured by others, and included in our proposal, is not warranted in any way by us, but carries only the manufacturers’ warranty, if any.

All warranty claims must be submitted in writing.  No representative of our company has any authority to waive, alter, vary or add to the terms hereof without prior approval in writing.  The foregoing is in lieu of all other warranties (including that of merchantability), whether expressed or implied.

LIABILITY: It is expressly understood that our liability for our products is limited to the furnishing of such replacement parts, and that we will not be liable for any other expense, installation of component (or equipment), injury, loss or damage, whether direct or consequential, including but not limited to loss of profits, production, increased cost of operation, or spoilage of material, arising in connection with the sale or use of, or inability to use, our equipment or products for any purpose, except as herein provided.

PROMISE OF DELIVERY: Promise of delivery represents only our best estimate of the time required to complete the work, and ship the material from our plant.  All orders are accepted with the understanding that shipping dates are approximate and subject to change because of factory conditions, fires, strikes, material shortages, civil or military authority, mandatory priority and/or other causes beyond our knowledge and control.

CANCELLATION: Orders entered on our books are not subject to cancellation and no cancellations will be accepted except upon terms that will indemnify us against loss.  Cancellation charges as published will be invoiced.

RETURNED GOODS: No material will be accepted for credit unless such return is first authorized in writing by EDI.

CONTRACTS: All prices are made F.O.B. point of manufacture, unless otherwise indicated.  Our responsibility ceases when delivery has been made to the transportation company.  If there are shortages or evidence of damage, insist on the transportation agent making notations on the shipping documents before signing receipt.  Claims for shortages or damages to shipments while in transit should immediately be made against the carrier.

All contracts are made and accepted at EDI, and not valid until acknowledged from the company’s main office.  It is the company’s intent and purpose to surrender title to this material when final payment is made.  Possession may be given before final payment is due, and to protect EDI against default in payment or in the event an execution or attachment is levied on your property, it is hereby expressly agreed:

(a)     The title and right of possession to this material shall remain with us until full and final payment is made.

(b)     No part of this material shall be considered a fixture or incorporated into the reality by virtue of its attachment to real estate and any part may be separated from such real estate for the purpose of re-possession by us or by our agents in the event of a default by purchaser.

(c)     We shall have the right to elect a claim of mechanic’s lien against the property upon which this material is situated and waive our rights to repossess under paragraph (a) and (b) above, any time before expiration of the time fixed by law for filing mechanic’s lien.

(d)     Acceptance or acknowledgment of any order, quotation or contract is with the express understanding that a “no-lien agreement” has not been filed.

TAXES: No state or local sales/use taxes, duties, tariffs, etc., are included.  Any and all applicable taxes must be borne by the purchaser.

SAFETY DEVICES: EDI will supply only such safety devices as are specified in this proposal.  Any additional safety measures or devices which may be required by law, or which you may wish to add, are to be furnished by you or, at your written request, they will be furnished by us at additional cost to you.